ESTATE DUTY (DISTRIBUTION) ACT, 1962 [REPEALED]

Preamble

ESTATE DUTY (DISTRIBUTION) ACT, 1962

[Act, No.9 of 1962]

[30th March, 1962]

PREAMBLE

An Act to provide for the distribution of the net proceeds of the estate duty among the States in pursuance of the principles of distribution formulated and the recommendations made by the Finance Commission in its interim report dated the 30th day of April, 1984.

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows: -

Section 1. Short title

This Act may be called the Estate Duty (Distribution) Act, 1962.

Section 2. Definitions

In this Act -

(a) "estate duty" means the estate duty levied under the Estate Duty Act, 1953, in respect of property other than agricultural land;

(b) "State" does not include a Union territory.

Section 3. Distribution of net proceeds of estate duty assigned to the States

(1) During1[each of the financial years commencing on and after the 1st day of April, 1984], the net proceeds of estate duty levied and collected during that financial year shall after deducting there from the net proceeds attributable to Union Territories,2[be distributed] among the States in proportion to the gross value of all property situated in the respective States and brought into assessment in that financial year.

(2) For the purposes of this section, -

(a) "gross value", in relation to property, means the total value of all property passing on the death of any person as determined by the Controller under the Estate Duty Act,1953;

(b) "net proceeds" includes the estate duty the payment whereof has been accepted in accordance with the provisions of section 52 of the Estate Duty Act, 1953;

(c) "net proceeds attributable to Union Territories" means the portion of net proceeds which bears to the total net proceeds in any financial year the same proportion which the gross value of all property situated in all the Union Territories and brought into assessment in that financial year bears to the total gross value of all property brought into assessment in that year;

(d) 'property" does not include agricultural land;

(e) any property situated outside India shall be deemed to be situated in the State or, as the case may be, the Union Territory wherein the value of such property has been brought into assessment.

1. Substituted for the words, figures and letters "the financial year commencing on the 1st day of April, 1984" by Estate Duty (Distribution) Amendment Act (Act 28 of 1985) w.e.f 01.04.1985.

Section 4. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules providing for the manner in which the gross value of property is to be calculated, for the time at which, and the manner in which, any payments under this Act are to be made, for the making of adjustment between one financial year and another and for any other incidental or ancillary matters.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which maybe comprised in one session1[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case, may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. Substituted for words "or in two successive sessions, and if, before the expiry of the session immediately following", by Act 21 of 1974 w.e.f 01.04.1974.

Repealing Act1Direct-Tax Laws (Miscellaneous) Repeal Act, 2000

THE DIRECT-TAX LAWS (MISCELLANEOUS) REPEAL ACT, 2000

[Act, No. 20 of 2000]

[9th June, 2000]

PREAMBLE

An Act to repeal certain enactments relating to direct taxes.

Be it enacted by parliament in the Fifty-first Year of the Republic of India as follows:--

1. Short title

This Act may be called the Direct-tax Laws (Miscellaneous) Repeal Act, 2000.

2. Repeal of certain enactments

The enactments specified in the Schedule are hereby repealed.

3. Savings

(1) The repeal by this Act of any enactment shall not--

(a) affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

(b) affect the validity, invalidity effect or consequences of anything already done or suffered, or any right, title, in immunity, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

(c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

(d) revive or restore any jurisdiction, office, custom, liability, right, title, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

(2) The mention of particular matters in sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.

THE SCHEDULE

(See section 2)

repeals

Year

Number

Short title

1926

3

The Government Trading Taxation Act, 1926.

1940

XV

The Excess Profits Tax Act, 1940.

1947

XXI

The Business Profits Tax Act, 1947.

1947

XXX

The Taxation on Income (Investigation Commission) Act, 1947.

1949

22

The Payment of Taxes (Transfer of Property) Act, 1949,

1949

67

The Taxation Laws (Extension to Merged States and Amendment) Act, 1949.